[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1625 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1625

 To amend section 31306 of title 49, United States Code, to recognize 
hair as an alternative specimen for preemployment and random controlled 
 substances testing of commercial motor vehicle drivers and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2013

Mr. Pryor (for himself and Mr. Boozman) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend section 31306 of title 49, United States Code, to recognize 
hair as an alternative specimen for preemployment and random controlled 
 substances testing of commercial motor vehicle drivers and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Free Commercial Driver Act of 
2013''.

SEC. 2. AUTHORIZATION OF HAIR TESTING AS AN ACCEPTABLE PROCEDURE FOR 
              PREEMPLOYMENT AND RANDOM CONTROLLED SUBSTANCE TESTS.

    Section 31306 of title 49, United States Code, is amended--
            (1) in subsection (b)(1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) in subparagraph (A), by striking ``The 
                regulations shall permit such motor carriers to conduct 
                preemployment testing of such employees for the use of 
                alcohol.'' and inserting the following:
    ``(B) The regulations prescribed under subparagraph (A) shall 
permit motor carriers--
            ``(i) to conduct preemployment testing of commercial motor 
        vehicle operators for the use of alcohol;
            ``(ii) to use hair testing as an acceptable alternative to 
        urinalysis--
                    ``(I) in conducting preemployment screening for the 
                use of a controlled substance; and
                    ``(II) in conducting random screening for the use 
                of a controlled substance if such method is also used 
                for preemployment screening.''; and
            (2) in subsection (c)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(D) laboratory protocols and cut-off levels for 
                hair testing to detect the use of a controlled 
                substance;''.

SEC. 3. EXEMPTION FROM MANDATORY URINALYSIS.

    (a) In General.--Any motor carrier that demonstrates, to the 
satisfaction of the Administrator of the Federal Motor Carrier Safety 
Administration, that it has consistently carried out a generally 
applicable hair testing program to detect the use of a controlled 
substance by commercial motor vehicle operators during the most recent 
1-year period, may apply to the Administrator for an exemption from the 
mandatory urinalysis testing requirements set forth in subpart C of 
part 382 of title 49, Code of Federal Regulations until a final rule is 
issued implementing the amendments made by section 2.
    (b) Reporting Requirement.--Any motor carrier that is granted an 
exemption under subsection (a) shall submit records to the national 
clearinghouse established under section 31306a of title 49, United 
States Code, relating to all positive test results and test refusals 
from the hair testing program described in that subsection.

SEC. 4. ANNUAL REPORT TO CONGRESS.

    The Secretary of Transportation shall submit an annual report to 
Congress that--
            (1) summarizes the results of preemployment and random drug 
        testing using both hair testing and urinalysis;
            (2) evaluates the efficacy of each method; and
            (3) determines which method provides the most accurate 
        means of detecting the use of controlled substances over time.
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